The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-02-22
A SENSATION IN COURT.
JUDGE DUBOSE LECTURES PRES
IDENf ID. p. MADDEN
As to His Jurisdiction rs O Magis.
trate, as Presiding Officer Of
the TaxiRg District.
HE WARNS HIM TO ADMINISTER
THE LAW
As He, the Criminal Judge, Dictates,
ard Not Inter fere With
Deputy sheriff.
THREATENED WITH A LOSS OF
THE OFFICIAL ROBES,
A Term In the WOrkhOuse Two
Able Lawyers Ridicule the Pc
THREATENED WITH A LOSS OF
THE OFFICIAL ROBES,
A Term In the WOrkhOuse Two
Able Lawyers Ridicule the Pc
sitiOns and Assumptions,
AND SAY TIE JUDGE HAS NO
AUTHORITY IN LAW
For His Course; That If Hadden
Does Wrong there Are Lawful
Ways 10 Reach Him.

There was an air OF expectancy
about the Courthou yesterday NOR
ing, and one whispered to another
"Tnere's going to be some fun" The
fnn material d about Ii O'Clock,
when President Hadden sopea ed in
the Criminal Court, in obedience TO
the summons OF two deputy sheriffs
dir patched for that purpose by Judge
DuBose. The LATTE off ,ial was laying
in wait for the head of the Tax pg
District, armed wi h the following
heavily charged bnmb:
"Mr. Hadden, / rave sert for you
this morning to make few remarks
to you, and deem it expedient to de.
liver"
"A'e you speaking to me, Judge2"
asked the P esident.
Eyes, 8 r." ans wersd Judge Du Bose,
Gall right; l didn't catch the
name"
"Aud deem it expedient," resumed
the Judge, "to deliver tnem from the
bench, 30 that You mIy know how
stand in the matters mentioned here.
afer. l have made note of lew
things, and my remarks are addressed
10 you as President of the Taxing
District"
THE BOMB.
Judge DuBose then proceeded to
read the folio wi0g paper:
l am constrained from a sense of
public duty to call your attention to
the abuse of power in rusted to you
as President of the Taxing District Of
Shelby County. 1t would perhaps be
more consonant with the duty of my
Office to arrest you on warrant sworn
to and seud the matter for iuvesti9s-
ton to the grand jury, but for the
present ] prefer the milder course
If remonstrsnce. II a public officer
iptrus,ed with definite powers to
b. exercised for the benefit OF
the community wickedly abuses or
fraudently exceeds them, he is
punishable bv indictment, though
no injurious effects resu TO any ind-
vidual from his mi conduct. The
crime consists in the public example
in perveriDg those powers to the pur-
poses Of fraud and wrong which were
com mitted to him as instruments of
benefit to citizens and of safety to
public rights.
81 will fret call your attention to an
abuse of your power as President OF
the Taxing District in fining persons
charged with f,lony, class ( cases
over which you have no juIisd crion,
except to inquire into them and when
the f. cts warrant you in it, to bind
over the of .nders to the Criminal
Court for fur her proceejirgs.
10 specify: You are daily in the
habit, an informed from the records
com ng up to this court from the Po.
lice Depsr ment, of fling persons
charged WITH l,rceny only. II you
do not, from one pretext or an ther
suited 10 your purpose, see fit to place
the charge OF larceny on your d, cket,
you will enter he charge of trespass,
and Tor thi you will fine the offender
end send him before the Criminal
Court, perhaps, for the balaHce of the
offanse, to BIZ there furlher dealt with.
1t is hardly necessary to say to you,
as no doubt you are fully informed,
and if you are not it " GU d not excuse
you, that every felony includes tres
pa 8; and if pe rson is charged tr ed
aud acquitted of larceny, you cannot
fad him guilty of trespass. On the
OF er hand, If he be guilty of the
crime of larceny, you cannot try him
fer the necessary Ingredient of trespa's
as a separate offense and bind him
over for the larc any FIR the greater in
cudes the lesser offrnse. In cases Of
muid der, or in the tempt TO mmit
like crimes, you are in the habit or it
is your custom TO foe the fender
carrying concealed weapons and then
bind HIM over to the Criminal Court
Tor the greater crime, regardless Of toe
fact whether the act of carrying the
weapon concealed con d be shown or
not by the proof before the crime Of
murder was G. mmitted, and which in
rare instances can bs done.
II you have not directly you have
in effect imposed tax on gambling
houses aud hawdy houses of the city,
or licensed them to vioste the law, as
suring them on the payment of the
amount spec fed in each case the pro
lection of the police. You have gone
luther and assumed to ssy who shall
aud who shall not keep gambling
houses, permitting those whom you
will and prohibiting those whom you
will not allow to keep such places.
will say, with all due respect, your
vernment needs reformation, and
that J on, Mr.. p esident, shou d first
make the eff rt in this dir C ion. II
the violations of law pointed out and
others not stated are not ct pped you
will be indicted, and if convicted it
will be The duty of this Court to strip
of your official Iobes and seD tence
you to term in the Workhouse of the
county.
This is a government law, and no
man or tficlal is above the aw, but
all are tubj ct thereto. The people,
through their Leg stature, enact such
laws as they think best fer the good Of
the community. and it is your duty
and my duty 10 see these laws faith
fully carried out.
Another thug, sir, that / wish to call
your attention 10 is tbi-: You have on
two different occasions arrested officers
oftlis court when they were in pur.
euancs Of their duties ss deputy seer
life, thereby exposing them to con-
tumely and placing the court in con-
tempt, which l viii not again tolerate.
l have 10, borne to arrest you and y ur
poles officers for these several T.,
and you, as a policeman, must refrain
from mo eetir g my tfficeIs when they
are eng ged ID the performance Of
their duties. II THY mi conduct
themselves / am strong enough to cor
rec. them, and will do SO; but they
must not be inteIfrr. d with by the
city fficias The Criminal Court has
nnnnrinr criminal irrinhi nlinr, nrrn, a Il